Summary

There are a lot of important factors to consider when building a successful law practice. In order to make sure a law firm’s operations run smoothly, partners have to develop a business plan that ensures all critical tasks are completed efficiently without overextending the firm’s budget. This is no small task, and there are many important decisions that need to be made as the firm grows.

One of the decisions firms must make is to choose how to best allocate important administrative, research, and support tasks. In recent years, that work has become increasingly divvied into two distinct jobs – that of a paralegal and that of a research assistant. Here, we will take an in-depth look at the role of a paralegal, notably what sorts of training and education are associated with the role, its anticipated salary, and what types of skills are necessary to succeed in that role.

While there can be some overlap between a paralegal and a legal assistant, paralegals handle, generally, more substantive work and are compensated at a slightly higher rate. Those are a few of the major differences between the roles, but there are plenty more. Let’s begin by defining the role and delving into the particulars of what a paralegal does on a day-to-day basis.

What is Paralegal?

A paralegal is a legal professional who works under the supervision of a lawyer and performs tasks such as legal research, drafting legal documents, and assisting with client communication. Paralegals typically have a certificate or degree in paralegal studies and may specialize in a particular area of law, such as corporate law, intellectual property law, or family law. While paralegals cannot provide legal advice or represent clients in court, they play an important role in the legal profession by providing support to lawyers and helping to ensure that legal matters are handled efficiently and effectively.

According to information from the American Bar Association (ABA), the presently accepted definition of a paralegal refers to an individual “qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible.”

An earlier version of this definition was first adopted by the ABA’s House of Delegates in 1997, but it has since been updated, notes the association. That was done at the ABA Midyear meeting in February of 2020, again by the House of Delegates with the guidance of the Standing Committee on Paralegals, and was done so specifically to help differentiate the role from that of a legal assistant.

What does a paralegal do?

Paralegal work often involves a fair amount of research and litigation-specific paperwork. Individuals with strong research and organizational skills, attention to detail, and a basic understanding of legal work procedures tend to thrive in these roles. Often, paralegals will also be asked to compile evidence and assist with the filing of appeals. As this work is directly related to actual litigation, ParalegalEDU.org notes individuals in these positions can usually bill for their time.

While paralegals do tend to take on more substantive work than other support positions, there are, naturally, some limitations to what they are expected, and allowed, to do. Since paralegals are not licensed to practice law, they are not permitted to give legal advice, nor are they allowed to sign pleadings, take depositions, or, naturally, represent clients in a courtroom. They can, however, draft discovery notices, interview clients, and prepare certain legal documents pertaining to legal matters and transactions, it adds.

Having someone on hand to handle these responsibilities is extremely helpful to law firms with associates and partners whose time is already stretched thin. For this reason, hiring a paralegal to handle these substantive tasks is extremely helpful, and firms looking for someone to help lighten their attorneys’ workload may want to consider a paralegal over, for example, a legal assistant.

How to become a paralegal?

Paralegals, unlike attorneys governed by respective state supreme courts, are not regulated in the U.S. They do not have a strict, required set of specific educational requirements for their paralegal career. There are, however, lots of avenues prospective paralegals might take in order to prepare for the responsibilities of the role. For example, the ABA does approve several paralegal-specific programs, and there are a number of post-degree certifications available to those with a bachelor’s or associate’s degree, notes ParalegalEDU.

“Many paralegals seek additional education at the bachelor’s level to specialize in a specific area of law (criminal law, real estate law, immigration law, family law, etc.) and elevate their credentials for better professional opportunities and increased pay,” adds the informational resource. Better educated and more specialized paralegals, in turn, provide an even greater value to the law firms that take them on. This provides more flexibility for law firms with respect to training paralegals for more advanced work and also puts those paralegals in a better position to advance to higher positions later – a true win-win.